Koncewicz, Tomasz Tadeusz Author aut Text xx# 2018 Verfassungsblog 2018-12-18 eng

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When is the constitutional design of any (domestic, international, supranational) polity in error? On the most general level such critical juncture obtains when polity’s founding document (treaty, convention, constitution) protects against the dangers that no longer exist or does not protect against the dangers that were not contemplated by the Founders. While discussion of the evolution of human rights and international actors in response to social change (LGBT, euthanasia, abortion) is well documented, such evolution with regard to political change (transition from one sort of government to another) is less well documented. Constitutions not only constitute but should also protect against de-constitution. For supranational legal order to avoid a deadlock of „being in error” in the above sense, the systemic threats coming from within the polity’s component parts must be recognised and constitutional design be changed accordingly. CC BY-NC-ND 4.0 Koncewicz, Tomasz Tadeusz funded by the government Communal Constitutionalism Democratic Backsliding EU values 342 https://staging.verfassungsblog.de/the-democratic-backsliding-and-the-european-constitutional-design-in-error-when-how-meets-why/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20181220-132442-0 181218 10.17176/20181220-132442-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)